Order entered January 27, 2023

In The Court of Appeals Fifth District of Texas at Dallas No. 05-22-01052-CR DRESEYON ISIAH OWENS, Appellant V. THE STATE OF TEXAS, Appellee On Appeal from the 203rd Judicial District Court Dallas County, Texas Trial Court Cause No. F20-41487 ORDER Before the Court is appellant’s motion for extension of time to file appellant’s brief. On December 20, 2022, we struck volume 2 of the “sealed” clerk’s record because it did not contain a sealing order, and we ordered the Dallas County District Clerk to file by December 30, 2022, a volume 2 of the clerk’s record that either was not under seal or that contained the order signed by the trial court sealing the documents. We also ordered that appellant’s brief would be due thirty days after volume 2 of the clerk’s record was refiled. As of the date of this order, the Dallas County District Clerk has not refiled volume 2 of the clerk’s record. Accordingly, appellant’s brief is not yet due, and we DENY appellant’s motion for extension of time as premature. See TEX. R. APP. P. 38.6(a) (appellant’s brief due 30 days after the date the clerk’s record or reporter’s record is filed).

The clerk’s record does not contain appellant’s request for the clerk’s record, so we cannot determine whether appellant requested the items contained in volume of the clerk’s record. Therefore, the Court ORDERS appellant’s counsel to notify this Court in writing within FOURTEEN DAYS FROM THE DATE OF THIS ORDER whether the documents contained in volume 2 of the clerk’s record are necessary to appellant’s appeal. When the Court receives the notification from appellant’s counsel, the Court will determine whether to pursue proper filing of volume 2 and set the briefing schedule accordingly. If appellant’s counsel does not file the required notice within fourteen days, the Court may assume the documents are not necessary to the appeal, consider the appellate record complete, and order appellant’s brief filed.

We DIRECT the Clerk to send copies of this order to Felicia Pitre, Dallas County District Clerk; and to counsel for all parties.

/s/ ROBERT D. BURNS, III CHIEF JUSTICE